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HomeMy WebLinkAbout1876-92 - ADMIN Ordinance - City Council - 1992/01/211 1 ORDINANCE NO. 1876-92 AN ORDINANCE CHANGING SECTION 10-317 OF THE ST. LOUIS PARK ORDINANCE CODE BY AMENDING SUBSECTION (1), (2) AND (3) AND ADDING SUBSECTIONS (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), AND (14) FOR THE PARKING AND TOWING OF CERTAIN MOTOR VEHICLES AND TRAILERS ON OR NEAR RESIDENTIAL DISTRICT PROPERTIES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 10-317 is changed by amending Subsection (1), (2) and (3) and adding Subsections (4), (5), (6), (7), (8),(9), (10), (11), (12), (13) and (14). Section 10-317. Parking of Certain Motor Vehicles and Trailers on or Near Residential Use Districts Properties. (1) Declaration of Nuisance. The outside parking or outside storage within a residential use district of motor vehicles not customarily used or needed for use in connection with the occupancy of residential purposes, is found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare in such district, by obstructing the view on streets and on private properties, bringing unhealthful, offensive, disgusting, foul or dangerous odors and materials into residential neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets for residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values and neighborhood patterns. (2) Unlawful Parking. Except when loading, unloading or rendering services, it is unlawful for any person owning, driving or in charge of a motor vehicle and/or a trailer to cause or permit within any residential use district: (a) Parking of More Than One Tow Truck. The parking on any public or private property outside of an enclosed structure of more than one tow truck per residential unit, or (b) Parking of Certain Vehicles or Trailers. The parking on any public or private property or the storage within an enclosed structure of any of the following which is in excess of 6,000 pounds empty weight or, in excess of 22 feet in length or in excess of 8 feet maximum height measured from the ground to the highest point of the vehicle at recommended tire air pressure: Commercial bus, tractor, truck tractor, trailer, semi -trailer, tractor trailer combination, step van, or any other similar vehicle. -2- (3) Exceptions. Section 10-317(2) shall not apply to (a) any motor vehicle being used by a public utility, moving company or similar company while it is actually being used to service a residence not belonging to or occupied by the operator of the vehicle; (b) any motor vehicle used in conjunction with an authorized construction site during a period that construction is actually taking place, including non -working hours and holidays; or (c) any motor vehicle specifically and originally designed and manufactured for recreation purposes, in excess of 22 feet in length, which is parked in a rear yard area and not within five (5) feet of any property line. (4) Certain Vehicles or Trailers Declared a Public Nuisance. Any vehicle or trailer violating this section is hereby declared a public nuisance., Such public nuisance is a violation of this ordinance and shall be abated upon notice. (5) Public Nuisance Abatement Upon Notice. A notice shall be placed upon the vehicle or trailer, and the vehicle or trailer shall be removed from the residential district within 72 hours of the placement of the service of the notice (placarded). Within 24 hours of placarding a vehicle the City shall place in the mail a written notice to the owner of the vehicle or trailer, if known, that the vehicle has been placarded for a violation and will be removed by the City if the owner does not remove the vehicle or trailer within 72—hours of when the placard was placed upon the vehicle. The placard and written notices shall provide appropriate information for the owner to reclaim the vehicle or trailer if removed by the City. (6) Towing. If the vehicle or trailer is not removed within 72 hours of the notice set forth in Subsection (5) it shall be considered abandoned and the Director of Inspections or their designee may order the towing and impoundment of said vehicle or trailer. Other legal actions may be taken by the City in addition to towing and impoundment including court citations for a misdemeanor violation. (7) Moving Placarded Vehicles or Trailers Within Residential District Prohibited. No placarded vehicle or trailer shall be moved to another location within a residential district. Any previously placarded vehicle or trailer, moved to another location within a residential district, or moved and later returned to a location within a residential district, is subject to immediate towing. The City shall provide the owner, if known, of a vehicle towed pursuant to this provision with written notice pertaining to where the vehicle has been towed. 1 41 1 C -3- (8) Vehicle Impoundment Report. If the Director of Inspections or his or her designee shall determine that a parked vehicle or trailer is in violation of this ordinance, the Director or his or her designee may order impoundment of the vehicle or trailer pursuant to Subsection (6) above. A Vehicle Impoundment Report shall be prepared by the Director of Inspections or the Director's designee upon impoundment. The Vehicle Impoundment Report shall contain the following information: description of the vehicle or trailer; make of vehicle; license number; motor number; number of tires; location of vehicle or trailer upon towing; tools and other separate articles of personal property observed in vehicle or trailer; general description of the vehicle or trailer and property delivered to the towing contractor at the time of impounding. The towing contractor shall review the report by placing its signature on the report. The original and one copy of said report signed by the contractor shall be filed in the Department of Inspections. The Department of Inspections shall deliver one copy to the Director of Finance. The Motor Vehicle Impoundment Report used by the Police Department may be used for this purpose. (9) Towing Contractor. The Department of Inspections or other designee shall use the towing contractor under contract to the City and used by the Police Department. (10) Owners Responsible for Towing and Storage Cost. The owner is solely responsible for payment of all costs associated with removal of any vehicle or trailer in violation of this ordinance including but not limited to any towing and storage charges of the towing contractor. (11) City Not Liable for Damage. The City assumes no liability for loss or damage to vehicles, trailers or property,contained herein removed pursuant to the authority set forth in this ordinance. (12) Sale of Abandoned Vehicle or Trailer. (a) Immediate Sale. An abandoned vehicle or trailer that is more than seven model years of age, is lacking in vital component parts essential to the mechanical functioning of the vehicle, and does not display a-license_plate currently valid in Minnesota or any other state or foreign_country shall immediately be eligible for sale at a public auction pursuant to Subsection (14) below. (b) Notice Required in Some Cases. If an abandoned vehicle or trailer does not, fall within the provisions of paragraph (a) above, the Director of Inspections or his or her representative shall give notice of the impoundment of the vehicle within ten days of that impoundment. The notice shall: (i) set forth the date and place of the towing, the year, make, model and serial number of the vehicle or trailer if such information can be reasonably obtained, and the place where the vehicle or trailer is being held, 4 (ii) inform the owner and any lienholders of their right to reclaim the vehicle under Subsection (13) below and (iii) state that failure of the owner or lienholders to exercise their right to reclaim the vehicle or trailer and contents shall be deemed a waiver by them of all right, title, and interest in the vehicle or trailer and contents and a consent to the sale of the vehicle and contents at a public auction pursuant to Subsection (14) below. (c) Notice sent to Owner and Lienholders. The notice shall be sent by mail to the registered owner, if any, of the abandoned vehicle or trailer and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned. (13) Right to Reclaim. (a) The owner or any lienholder of an abandoned vehicle or trailer towed and impounded pursuant to this ordinance shall have a right to reclaim such vehicle or trailer from the City upon payment of all towing and storage charges resulting from taking the vehicle or trailer into custody within 15 days after the date of notice required by Subsection (12) above. (b) Nothing in this ordinance shall be construed to impair any lien of a garage keeper under the laws of this state, or the right of a lienholder to foreclose. For the purposes of this paragraph "garage keeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor vehicles. (14) Any vehicle or trailer deemed abandoned under this provision may be sold at public auction pursuant to Section 10-701 of the City Ordinance Code. (a) If an abandoned vehicle or trailer and contents taken into custody and not reclaimed under Subsection (13) is sold at public auction or sale pursuant to this subsection, it shall be sold to the highest bidder following reasonable published notice of such auction or sale. The purchaser shall be given a receipt in a form prescribed by the state registrar of motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership pursuant to Minn. Stat. 1686.08, subd.l. 1 1 J r -5- (b) From the proceeds of a sale under this subsection of an abandoned vehicle or trailer, the unit of government shall reimburse itself for the cost of towing, preserving and storing the vehicle or trailer, and all administrative, notice and publication costs incurred in handling the vehicle or trailer pursuant to this ordinance. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or trailer or entitled lienholder for 90 days and then shall be deposited in the City treasury. Section 2. Severability. If one or more of the provisions contained in this Ordinance is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Ordinance shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 3. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section 2-203 of the St. Louis Park Municipal Code. Section 4. Effective Date. This Ordinance shall take effect 15 days after its publication. Attest: Reviewed for Administration /J/kv2/t City Manager Adopted by the City Council on January 21, 1992. Mayor Approved as to form and execution ALI}euL f SIgvz ) City Attorney 0,)A-E Minnesota Sun Publications AFFIDAVIT OF PUBLIG4TION IP ATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Gregory P t a c i n , being duly swom on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as S t . Louis Park Sun -Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The pnnted Ordinance No. 1876-92 which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for one successive weeks; it was first published on We d n e s d a y , the 29 day January , 19 92 , and was thereafter pnnted and published on every to and including , the day of , 19 ; and,printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz Acknowledged before me on this 29 day of January ,'19 92 J k i 4 Q 01--(U • MERIDEL M HEDBLOM NOTARY PUBLIC.—MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7442 City of St. Louis Park (Official PubhcaUon) Summary ORDINANCE NO 1876-92 AN ORDINANCE CHANGING SECTION 10417 OF THE ST LOUIS PARK ORDINANCE CODE BY AMENDING SUBSECTION (1). (2), AND (3) AND ADDING SUBSECTIONS (4). (5), (7). (8). (9). (10). (11). (12). AND (13) FOR THE PARKING AND TOWING OF CERTAIN MOTOR VEHICLES AND TRAILERS ON OR NEAR RESIDENTIAL DISTRICT PROPERTIES Summary This ordinance amends the present ordinance requirements by adding step -vans to the list of certain restricted vehicles and trailers allowed to park in residential neighborhoods and adds provisions for more timely enforcement in- cluding the towing of any illegal vehicles and trailers not moved by the owner after notice by the City Effective Date Ties ordmance shall take effect 15 days after its pubhcatlon. Adopted by the City Council January 21, 1992 /s/ LYLE W HANKS, Mayor (Jan 29, 1992) -SLP TITLE: General Manager RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 130 per line (Line, word, or inch rate) $ 959$ per line (Line, word, or inch rate) $ 674 per line (Line, word, or inch rate)